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02/28/2012

Former Waterbury officer files suit over dismissal

A former Waterbury police officer has filed a complaint in federal court against the Village of Waterbury and the municipality's officials.

The 80-page complaint filed in U.S. district court on Monday afternoon by an attorney representing Adam Hubacz states that Hubacz was "tortiously blackballed from leaving" the Waterbury Police Department by Police Chief Joby Feccia and and Municipal Manager Bill Shepeluk and that he was wrongfully dismissed.

Hubacz was fired from the WPD after village trustees determined he was unable to do his job after Washington County State’s Attorney Tom Kelly said he would no longer prosecute new cases submitted by Hubacz.

In the letter dated Dec. 5, Kelly wrote that the decision was based on a report describing a pre-polygraph interview of Hubacz completed April 19, 2011, by the Vermont State Police. The report said Hubacz had admitted to theft and other misconduct, including cheating on a driving test while attending the Vermont Police Academy.

Hubacz also alleges that Detective Todd Protzman, who performed a pre-polygraph exam for the Vermont State Police on Hubacz, deprived Hubacz of his constitutional rights of privacy, freedom of speech and his constitutional privilege against self incrimination.

Allegations against Feccia include depriving Hubacz of his constitutional rights of privacy, freedom of speech and constitutional privilege against self-incrimination for disseminating the pre-polygraph exam.

Hubacz claims that without Feccia's misconduct, he would not have been fired, according to court documents.

Hubacz alleges the same against Washington County State's Attorney Tom Kelly, saying that Kelly, too, disseminated the exam to multiple individuals.

Another charge states that the Village Trustees did not provide Hubacz due process in his dismissal.